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KMH EQUIP. CO. v. CHAS J ROGERS, INC.

Docket Nos. 47159, 47160.

104 Mich. App. 563 (1981)

305 N.W.2d 266

KMH EQUIPMENT COMPANY v. CHAS J ROGERS, INC.

Michigan Court of Appeals.

Decided March 16, 1981.

Attorney(s) appearing for the Case

Pevos & Pevos, for plaintiff.

John R. Cobau, for defendants Chas. J. Rogers, Inc., William H. Leoni, Charles Lawson, Darin & Armstrong, Inc., and Barton-Malow Company.

Honigman, Miller, Schwartz & Cohn (by Ronald S. Longhofer), for defendant Walbridge, Aldinger Company.

Before: N.J. KAUFMAN, P.J., and CYNAR and J.E. TOWNSEND, JJ.

J.E. TOWNSEND, J.

Plaintiff-appellant, KMH Equipment Company, sought money damages in the Oakland County Circuit Court for unpaid rent on construction equipment arising out of the leasing of hydraulic backhoes to subcontractor Chas. J. Rogers, Inc. for use on certain construction projects. Admittedly, KMH had no direct contractual relationship with appellee general contractors but urges that it is a "materialman" entitled to protection and recovery under the trust...

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